Reservation in appointment of law officers: HC seeks Punjab’s response

It was on August 20, the state government had advertised 58 vacancies for the recruitment of law officers from SC category only. The last date to apply for the posts is September 13

The Punjab and Haryana high court on Thursday sought response from the Punjab government on a plea challenging provision of scheduled caste (SC) reservation in the appointment of law officers at state’s Advocate General (AG) office.

The AAP government while announcing the reservation had claimed that it was the first state to have given reservation to SCs in law officers’ appointment. (Image for representational purpose)

It was on August 20, the state government had advertised 58 vacancies for the recruitment of law officers from SC category only. The last date to apply for the posts is September 13. The AAP government while announcing the reservation had claimed that it was the first state to have given reservation to SCs in law officers’ appointment. Earlier, this year, the government had even challenged National Commission For Scheduled Castes order to make provisions for reservation to SCs in appointment of law officers in high court. However, subsequently it decided to withdraw the plea and announced the reservation.

The high court bench of justice Mahabir Singh Sindhu has sought response from the state government by September 12, while also asking why the process of filling up these 58 posts should not be stayed.

The plea terms it against the provisions of the Punjab Law Officers (Engagement) Act, 2017 and various other high courts’ decisions and seeks that government decides the matter afresh.

The plea argues that there is no provision in 2017 law to make reservation for SCs in appointment of law officers. Similar issue had come up before the Madhya Pradesh high court which held that engagement of a lawyer by the state is not recruitment into any service or any post but an engagement for a specific period and it should not attract provisions of reservation, it says.

The relation of a lawyer while engaging him is not that of an employer and employee. The appointment of advocate general and any other law officer is also not subject to any service regulations, but are governed purely by the Advocates Act, 1961, it argues. Duties and functions discharged by a law officer are purely professional for which fixed professional charges are paid, it further argues.